Terms and Conditions - Lore of Wizards

TROVE PUBLISHING COMPANY, L.L.C.

TERMS AND CONDITIONS OF USE OF WEBSITE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Your use of this website is expressly conditioned on your acceptance of the following terms and conditions. By using this website, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this website.

Limited permission to view using a browser and to cache is granted.

All images, website design elements, text, graphics, logos, buttons, icons, other content, the presentation, selection and arrangement thereof, and all software

OWNERSHIP. This site, and each of its components, is the copyrighted property of Trove Publishing Company, L.L.C. ("Trove"), and/or its various third party providers and distributors. Portions of the content found on this website may be owned by third-party providers and distributors and is the copyrighted work of the respective third-party providers. None of the content or data found on this website, including, but not limited to images, illustrations, audio clips, and video clips, may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Trove and/or its third-party providers and distributors. In addition, the trademarks, logos and service marks displayed on this website (collectively, the "Trademarks") are registered and common law trademarks of Trove, its affiliates, and various third parties. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Trove or such other party that may own the Trademarks.

USE OF SITE. You may only use this website to browse the content, offer Submissions, make inquiries to Trove, order Trove products and not for any other purposes. This website and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Trove, except that you may download, display and print one copy of the materials presented on this website on a single computer for your personal, non-commercial use only. "Deep-linking," "embedding," "framing," or using analogous technology is strictly prohibited unless specifically authorized in writing.

Unauthorized use of this website and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited.

You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Any links from this website to other websites are provided for your information and convenience only. Trove does not assume any responsibility or liability with respect to any website linked from this website (or any website linking to this website), including the content and operation of that site. Trove does not review or monitor such links. A link from this website to another website (or a link from another website to this website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While this website may contain "links" to many sites, we are not responsible for the content or the privacy practices employed by other sites.

Any requests for use of content from this site may be submitted in writing via mail, facsimile, or e-mail only to the following address:

Permissions

Trove Publishing Company, L.L.C.

E-mail: info@loreofwizards.com

Please note we cannot process any requests that are not submitted in writing. We estimate a minimum of four (4) weeks from the date of submission before being able to respond to any such requests. However, please note that this estimate may be subject to variation.

AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website. You understand that you are financially responsible for all uses of this website by you and those using your credit card or login information.

PRIVACY. You represent that you have read the Trove Publishing Company, L.L.C. Website Privacy Policy [provide link to privacy policy], the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use by Trove, and/or its third-party providers and distributors, of any information submitted to Trove in accordance with the terms of and for the purposes set forth in the Trove Publishing Company, L.L.C. Website Privacy Policy.

EXCLUSION OF WARRANTY. TROVE AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. TROVE AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Trove strives to provide the latest developments relating to its products and services, and other information about Trove on this website. However, Trove does not warrant the accuracy, effectiveness and suitability of any information contained in this website. Each person assumes full responsibility and all risks arising from use of this website. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. Trove may make additions, deletions, or modifications to the information at any time without any prior notification.

LIMITATION OF LIABILITY. TROVE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR BROWSING THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THIS SITE. IN NO EVENT SHALL TROVE OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON PERFORMANCE BY TROVE OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of TROVE for damages under these Terms of Use exceed one hundred UNITED STATES dollars (US$100.00). Certain jurisdictions might not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

INDEMNIFICATION. You will defend and indemnify Trove and any third-party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your use of this website.

SUBMISSIONS. "Submissions" means all comments, feedback, suggestions, essays, personal experiences, photos, e-mails, manuscripts, articles, text or similar information or materials that you submit to Trove. Submissions will not be confidential and will become the property of Trove upon submission to Trove. You represent and warrant that any Submission you provide to Trove will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Trove, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. As a matter of policy, Trove does not prescreen or monitor any Submissions.

Except as expressly stated and agreed upon in advance by Trove, no confidential relationship shall be established in the event that any user of this website should make any oral, written or electronic communication to Trove (such as feedback, questions, comments, suggestions, ideas, etc.). If any Trove website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Trove shall obtain, use and maintain it in a manner consistent with its Website Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Trove shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Trove is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.

If Submissions are posted, and unless Trove states otherwise in writing, you grant Trove a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Trove and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Trove for all claims resulting from content you supply. Trove has the right but not the obligation to monitor and edit or remove any activity or content. Trove takes no responsibility and assumes no liability for any content posted by you or any third party.

Prices and Availability. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the website does not imply that the product or service is presently available. If a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, Trove may refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.

Order Acceptance. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Trove may, at any time after receipt of your order, accept or decline your order for any reason or for no reason at all. Trove may, at any time after receipt of your order, without prior notice to you, supply less than the quantity you ordered of any product or service and charge you accordingly.

Backorders (out of stock). Backordered merchandise includes items that are not currently in stock. In most cases, these items are on order from our manufacturing facilities or suppliers. In some cases, we are researching or waiting for stock information from one or more of our suppliers.

Trove will make every effort to get the item(s) back in stock as soon as possible. If we have not been able to locate and ship the item(s) to you in 30 days, an order status e-mail will be sent to you. If for any reason we determine that a backordered item is no longer available, we will cancel the item from your order and notify you via e-mail. We will not charge your credit card until the item ships. Therefore, your credit card will need no adjustment upon cancellation of your order.

Sales Tax. We are required by law to charge applicable sales tax on products shipped to those jurisdictions that charge such a tax and in which we operate. Currently, we sell in all fifty states.

Payment. You are responsible for any payments due for any products or services ordered through your account. If we do not receive payment from your credit card issuer or its agents, you agree to pay all amounts due to us. You shall also be responsible for any costs of collection for overdue payments.

RELATIONSHIP. Your use of this website is independent of Trove and not as an employee, agent, partner, or joint venturer with Trove for any purpose.

GOVERNING LAW. This website is controlled and operated by Trove from its offices within the State of Illinois, United States of America. Trove makes no representation that materials in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, as it is applied to agreements entered into and to be performed entirely within the State of Illinois. Any action you, any third party or Trove bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or federal courts with jurisdiction over Chicago, Illinois and you expressly consent to the jurisdiction of those courts.

ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

MODIFICATION. Trove may at any time modify these terms and conditions and your continued use of this website will be conditioned upon the terms and conditions in force at the time of your use.

ADDITIONAL TERMS. Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this website, and you agree to abide by such other terms and conditions as may appear in such other portions.

SEVERABILITY. These terms and conditions shall be deemed severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

HEADINGS. The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect the interpretation of these Terms and Conditions.

ENTIRE AGREEMENT. These Terms and Conditions, together with other terms incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.

Copyright Act Agent. Trove respects the intellectual property rights of others, and requires that the people who use the website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

Your address, telephone number, and e-mail address;

A description of the copyrighted work that you claim has been infringed;

A description of where the alleged infringing material is located;

A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Trove Publishing Company, L.L.C.

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